G.R. 139599 326 SCRA 362 February 23, 2000
Criminal Procedure
Topic: Sec 1, Rule 114 (Bail Defined)
Facts:
Petitioners Aniceto and Laureana and several John Does were charged with murder for killing Jose Pascual. They filed bail on the ground that the evidence was not strong. The trial court convicted them of homicide in a decision promulgated in absentia and ordered their immediate arrest. While at large, petitioners filed a Notice of Appeal for homicide, but instead of resolving the appeal for bail, the trial court forwarded the records to the CA.
Issue:
Whether bail can be availed while remaining at large.
Held: NO.
Even if there are already warrants of arrest, the petitioners need to be under the custody of the law to be entitled for bail.
Lawful Psyche 